Louis Vuitton Loses Trademark Case Against Fake Handbag Company
A New York court has ruled against French fashion house Louis Vuitton in its court proceedings against Los Angeles-based company My Other Bag (MOB), known for its fake designer bags. The court ruled that My Other Bag products are parodies and not actionable sources of trademark infringement or dilution of the Louis Vuitton brand.
My Other Bag creates knockoffs of brands including Balenciaga, Proenza Schouler, YSL, Celine and Louis Vuitton; nearly two years ago Louis Vuitton filed the lawsuit My Other Bag.
Louis Vuitton claimed MOB’s marketing strategy “invokes and emphasises the fashionable character of its products and its intent to create an association with Louis Vuitton.” This included the deliberate use of Louis Vuitton’s distribution channels. Louis Vuttion claimed MOB was diluting the brand’s reputation and distinctiveness, as well as confusing consumers who are likely to think MOB’s designs are authorised by Louis Vuitton.
Judge Jesse M. Furman of New York State’s southern district wrote in the decision: “It is self-evident that MOB did mean to say something about Louis Vuitton specifically. That is, Louis Vuitton’s handbags are an integral part of the joke that gives MOB its name and features prominently on every tote bag that MOB sells. In arguing otherwise, Louis Vuitton takes too narrow a view of what can qualify as a parody.
“The quip ‘My Other Bag . . . is a Louis Vuitton,’ printed on a workhorse canvas bag, derives its humor from a constellation of features — including the features of the canvas bag itself, society’s larger obsession with status symbols, and the meticulously promoted image of expensive taste (or showy status) that Louis Vuitton handbags have, to many, come to symbolise.
“MOB’s use of Louis Vuitton’s marks in service of what is an obvious attempt at humor is not likely to cause confusion or the blurring of the distinctiveness of Louis Vuitton’s marks; if anything, it is likely only to reinforce and enhance the distinctiveness and notoriety of the famous brand.”
In response to the decision, Tara Martin, the CEO & founder of My Other Bag, told The Fashion Law: “I can’t tell you how thrilled our entire team is to get this win, not only for the My Other Bag brand, but for other entrepreneurs, writers, artists, film makers, designers, anyone who uses their creativity and voice to make a statement. Parody is one of the oldest and most beloved ways in our culture to address social, economic, and political issues. One of America’s founding, and to us, most important principles, is freedom of speech and it must be protected and fought for.”
Latest News
Voting For B&T’s 30 Under 30 People’s Choice Awards Is Now Open!
Of all the awards B&T hands out, THIS is one of our favourites. That & our in-house 'staff f@ck-up of the month' trophy.
First-Party Data, Transparency And Aggregation: Tips On Surviving A Cookieless World
Google’s latest announcement around the future of web tracking and online privacy reinforced what most marketers already know. First-party data is a must for a business hoping to effectively market and create meaningful relationships with customers. Making the announcement, Google’s director of product management, ads privacy and trust David Temkin confirmed Google would continue to […]
UnLtd Big Clash Cricket Tournament Returns To Raise $160,000 For Children At Risk
The annual Big Clash industry cricket tournament, organised by the industry’s social purpose organisation UnLtd, has raised over $160,000 for children and young people at risk. The highly competitive tournament saw the different corners of the industry battle it out on the ovals in Sydney, Melbourne, and Perth during February and March. Since its launch […]
QUT And BCM Launch Campaign Celebrating Women In STEM
QUT’s long-term agency partner, BCM, has developed a thought provoking and impactful campaign for the university to coincide with 2021 International Women’s Day.
NRMA Insurance Unveil Next Instalment Of ‘Every Home Is Worth Protecting’ Campaign, Via The Monkeys
To demonstrate that every home is worth protecting, NRMA Insurance has released its latest campaign that sees the return of young boy Sammy as he continues his quest to look out for the homes of Australia’s iconic but vulnerable koalas. Created by The Monkeys, part of Accenture Interactive, the campaign centres on Sammy as he […]
Westpac Launches New Campaign To Highlight Life’s Eventful Moments, Via DDB
Westpac has launched its new brand campaign, created by DDB Sydney, highlighting life’s eventful moments where all the surprise, excitement, vulnerability, and challenges can lie; in moments both big and small. Westpac Group Head of Brand, Advertising and Media, Jenny Melhuish said, “our new work builds on our ‘help’ series, which focused on those really […]
GHO Strengthens Equity Team With Hamish Stewart Promoted To Creative Partner
GHO has appointed Hamish Stewart as an equity partner in the business. Hamish joins GHO’s four existing partners to round out the diversity of experience offered by the agency across research, strategy, design, digital and creative marketing.
The MINT Partners Expand Client Line-Up For 2021
The MINT Partners, one of Australia’s leading integrated brand communications agencies have added a number of new clients to their roster for 2021. Using the exceptional disruption of 2020 as an opportunity to evolve the business, MINT has enjoyed recent success with an expanded portfolio across categories including food & beverage, fashion, design, and property. […]
Spotify Launches EQUAL: Global Commitment To Women In Audio
Coincidence this was unveiled on International Women's Day? Well, we don't think so. Well, we don't know, to be honest.
Northern Rivers Based Agency Barefruit Marketing Launches Innovative Campaign For Raine & Horne Office
The agency produced the commercial in just a few short months, when they were awarded the brief by Raine & Horne Ocean Shores, Brunswick Heads and Murwillumbah at the end of last year.
Institute Of Data Launches New Education Program For Marketers
Institute Of Data & the Ponds Institute are easily confused. Yet, one's the science of the epidermis & the other isn't.
Pinterest Launches International Women’s Day Campaign To Uplift Female Entrepreneurs
They say "the world's your oyster". That is unless you happen to be a Sydney Rock with a Kilpatrick or mornay dressing.
Tinder Supports LGBTQIA+ Community In Rural NSW With ‘Pride Ride’
Tinder is supporting the LGBTQIA+ community in rural NSW with a double-decker bus. Sounds like a plot to a film to us.
The Women Who Shaped Technology In 2020
Here's more confirmation of B&T's commitment to International Women's Day. And just wait for International Hot Dog Day.
Pymble Ladies’ College Collaborates With United Nations For New Brand Platform Via McCann
Thinking of sending your daughter to Pymble Ladies' College? Confirm the exhorbitant school fees with this new campaign.
Global Women Creates International Women’s Day Campaign Focused On ‘The Motherhood Penalty’, Via Saatchi & Saatchi
Here's some top work from "across the ditch". And by "ditch" we mean the Tasman Sea to New Zealand and not North Sydney.
Enero Group Snares 10’s Carla Webb-Sear For CFO Role
Enero's new CFO Carla Webb-Sear is down Officeworks getting supplies as we speak. Including a "JOHN" pencil case.
For International Women’s Day, Look Back At B&T’s Past Women Leading Tech Winners: 2021 Applications Close Today!
It's a fine line between retrospective & blatant rehash. As you'll discover in B&T's Women Leading Tech winner rehash.
LEGO Revises Its Iconic 1981 ‘What It Is Is Beautiful’ Campaign In Celebration Of International Women’s Day 2021
LEGO's undoubtedly a brilliant toy for kids, yet few grow up to design Barbie's camper or build the Millennium Falcon.
Taboola To Give $500,000 In Free Advertising To Women-Owned Businesses As Part Of International Women’s Day
It's top work from B&T's good friends at Taboola today. Not that we saw a card or fruitcake last Christmas, mind you.
Clarins Launches #LiveBeautifully Series Of Films To Celebrate International Women’s Day
Everyone needs a top Clarins moisturiser to fight the signs of ageing & the signs of putting up with dickheads all day.
BWS & M&C Saatchi Celebrate Mardi Gras With Store Makeovers & Drag Queen Deliveries
There's a few sore Mardi Gras heads in the B&T office today. We've not enquired to what else is sore, to be honest.
DDB Marks International Women’s Day By Recreating Iconic Phyllis Robinson Speech
Need motivation that doesn't need chocolate from a vending machine? Watch this & avoid anaphylactic shock from the nuts.
Sunday TV Wrap: Ultimate Tag Premieres To Play Chasey With The Competition
Last night's TV numbers proved robust indeed. Suggesting everyone was too hungover from Saturday to get off the couch.
Sportsbet Goes In-House For Latest Lunacy
Arguably not really reading the mood in the room, Sportsbet's gone and launched a campaign on global women's day.
Double J Shares The Fifty Game-Changing Women Of Australian Music For International Women’s Day
Double J unveils the 50 game-changing women of Australian music, with Collette and Nikki Webster shock omissions.
Samantha Armytage To Leave Sunrise
To her credit, NO ONE in Australia has had their weight & their ovaries profiled by media quite like Samantha Armytage.
Foxtel Doubles-Down On Women’s Sport For International Women’s Day
We are huge supporters of women's sport here at B&T. Although we can give or take that cage fighting stuff in all truth.
UN Women Australia Ask ‘When Will She’ll Be Right?’ In New Campaign, Via The Monkeys
The Monkeys again proving we're "not just ridiculously overpriced chops on the BBQ" with provactive new work for the UN.
WPP AUNZ Women Talk International Women’s Day
WPP AUNZ's top talent talks International Women's Day. And never does the toilet seat "up or down" debate rear its head.
